[BoulderCouncilHotline] Fwd: Demolition permits

[Morzel, Lisa]

Thanks, James.

Council

Below are responses regarding questions I have on demolition that I received responses to from staff


Lisa

Lisa Morzel
Member, Boulder City Council
303-815-6723 c
303-938-8520 h


Begin forwarded message:

From: "Hewat, James" <HewatJ at bouldercolorado.gov<mailto:HewatJ at bouldercolorado.gov>>
Date: March 31, 2019 at 9:56:53 AM MDT
To: "Morzel, Lisa" <MorzelL at bouldercolorado.gov<mailto:MorzelL at bouldercolorado.gov>>, "Robertson, Jim" <RobertsonJ at bouldercolorado.gov<mailto:RobertsonJ at bouldercolorado.gov>>, "Mertz, Kara" <MertzK at bouldercolorado.gov<mailto:MertzK at bouldercolorado.gov>>
Cc: "Birchfield, Will" <BirchfieldW at bouldercolorado.gov<mailto:BirchfieldW at bouldercolorado.gov>>, "Meschuk, Chris" <MeschukC at bouldercolorado.gov<mailto:MeschukC at bouldercolorado.gov>>, "Stevens, Jessica" <stevensj at bouldercolorado.gov<mailto:stevensj at bouldercolorado.gov>>, "Whitco, Christin" <WhitcoC at bouldercolorado.gov<mailto:WhitcoC at bouldercolorado.gov>>, "Cameron,  Marcy" <CameronM at bouldercolorado.gov<mailto:CameronM at bouldercolorado.gov>>, "Hill,  Caeli" <HillC at bouldercolorado.gov<mailto:HillC at bouldercolorado.gov>>
Subject: RE: Demolition permits


Dear Lisa,

Apologies for the delay in getting back to you about the city's demolition review process. Please find answers to your questions below (your questions italicized).

I would like information on the process of applying for a demolition permit for residential units, who reviews that application, is the application readily available for public review, what are the time lines between when a permit is submitted and when it is reviewed, who reviews the application and what criteria are used, and what is the threshold for when an application receives public scrutiny, if any?

Demolition Permit for Buildings & Structures Less Than 50 Years (and those older than 50 years in age that have been approved through historic preservation demolition review).

Applicants are required to fill out a completed Demolition Permit Application<https://www-static.bouldercolorado.gov/docs/PDS/forms/303_demo_pmt_app.pdf> and obtain all signatures indicated on page 3 of the application. If the proposal is demolition of the entire building or structure, the required signatures are as follows: Xcel Energy, CenturyLink, Comcast, Colorado Department of Public Health and Environment, City of Boulder Fire Department, City of Boulder Historic Preservation (if the structure is more than 50 years old), City Approval of Deconstruction Plan, City of Boulder Erosion Control (if demolition disturbs more than 1 acre), Floodplain, and a Project Specialist Review. We do not issue partial demolition permits for residential properties.

Once all signatures have been obtained, a Project Specialist issues the permit over-the-counter. Applicants and contractors performing the work are responsible for completing the on-site demolition as indicated in the documentation provided at the time of permit submittal. Issued demolition permits are available for public review at the Planning and Development Services Center upon request.

Review of Demolitions Through the City's Historic Preservation Program

The historic preservation program reviews demolitions of all non-designated buildings and structures older than 50 years in age and buildings and structures on designated landmark properties and in local landmark districts, prior to applying for a demolition permit, as follows:

  1.  Applications for Demolition of Non-Designated Buildings and Structures Older Than 50 Years in Age

The review process for demolitions of buildings older than 50 years, that are not landmarked or located in historic districts, is prescribed in 9-11-23 of the Boulder Revised Code. A summary chart of this process is attached. It outlines that:

•        Applications for the demolition of non-designated buildings and structures older than 50 years in age that are built after 1940 and demolitions of all non-designated accessory buildings and structures are initially reviewed by the City Manager (staff) at a cost of $51. This is an administrative review and not open to the public.

•        If staff considers that there is not “probable cause” that the building or structure is eligible for landmark designation (based upon the city’s adopted criteria for landmark designation<https://www-static.bouldercolorado.gov/docs/A_-_Significance_Criteria_for_Individual_Landmarks-1-201806281000.pdf?_ga=2.8493303.399127109.1553636725-2060509376.1516818717>) and that its demolition would not have “a significant impact or detriment to the historic resources of the city”, a demolition permit may be issued.

•        If staff considers that, based upon the criteria for landmark designation<https://www-static.bouldercolorado.gov/docs/A_-_Significance_Criteria_for_Individual_Landmarks-1-201806281000.pdf?_ga=2.8493303.399127109.1553636725-2060509376.1516818717>, there may be “probable cause” the building or structure proposed for demolition is eligible for landmark designation, the application is referred to the Landmarks Board for review in a public hearing (an additional application cost of $1504). The Landmarks Board can issue demolition permit if it finds the demolition would not have a “a significant impact or detriment to the historic resources of the city”. If the board finds that there is “probable cause” to consider the building or resource is eligible for landmark designation based upon criteria for landmark designation<https://www-static.bouldercolorado.gov/docs/A_-_Significance_Criteria_for_Individual_Landmarks-1-201806281000.pdf?_ga=2.8493303.399127109.1553636725-2060509376.1516818717>, it may issue a stay-of-demolition for a period of up to 180 days to seek alternatives to the demolition, which may include landmark designation.

  1.  Applications for the demolition of all non-designated primary buildings and structures constructed prior to 1940 are initially reviewed by the Landmarks design review committee (Ldrc) at a cost of $282. which is comprised of a staff person and two Landmarks Board members. The Ldrc meets weekly and its deliberations are quasi-administrative, meaning that its meetings are open to the public, but no public testimony taken.

•        If the Ldrc agrees that there is not “probable cause” that the building or structure is eligible for landmark designation (based upon the city’s adopted criteria for landmark designation<https://www-static.bouldercolorado.gov/docs/A_-_Significance_Criteria_for_Individual_Landmarks-1-201806281000.pdf?_ga=2.8493303.399127109.1553636725-2060509376.1516818717>), and that its demolition would not have “a significant impact or detriment to the historic resources of the city”, a demolition permit is issued.

•        If one or more of the Ldrc members consider that, based upon the criteria for landmark designation<https://www-static.bouldercolorado.gov/docs/A_-_Significance_Criteria_for_Individual_Landmarks-1-201806281000.pdf?_ga=2.8493303.399127109.1553636725-2060509376.1516818717>, there may be “probable cause” the building or structure proposed for demolition may eligible for landmark designation, the application is referred to the Landmarks Board for review in a public hearing (an additional application cost of $1504). The Landmarks Board can issue demolition permit or issue a stay-of-demolition for a period of up to 180 days to seek alternatives to the demolition which may include landmark designation.

  1.  Demolitions of Buildings of Structures Located on Designated Landmark Properties or in Designated Historic Districts

Pursuant to 9-11-14(b)BRC, all applications for the complete demolition of historically contributing or non-contributing buildings or structures on individually landmarked properties, or in designated local landmark districts, are reviewed by the full Landmarks Board through a landmark alteration certificate request in a public hearing at no cost to the applicant. The appropriateness of the proposed demolition is based upon the impact the demolition would have to the designated resource and/or district and what the effect of new construction taking its place would have on the same per the Standards for Issuance of a Landmark Alteration Certificate (9-11-18 BRC), and relevant historic design guidelines.

Approximately, how many permits are given each year in Boulder? How much does a permit cost?

In 2018 the historic preservation program reviewed 121 demolitions of non-designated buildings constructed after 1940 and accessory buildings (staff level), and 36 demolitions of non-designated primary buildings constructed prior to 1940 (Ldrc level). 18 of these were referred to the Landmarks Board, six of which paid the review fee and continued to a public hearing; three were approved for demolition and three had stays-of-demolition placed upon them. One property originally proposed for demolition has since withdrawn the application and submitted a landmark designation application.

Applications for the demolition of buildings on landmark properties and in historic districts is quite rare and is almost always for historically non-contributing buildings as was the when the demolition of the non-contributing house at 341 Spruce Street was reviewed and approved for demolition by the Landmarks Board in the context of a new house and its compatibility with the character of the Mapleton Hill Historic District.

In 2018, there were 40 permits issued by P&DS for full demolitions of single family houses, at a cost $173.70 each. The discrepancy between the 158 historic program demolition reviews vs. the 40 demolition permits for single family houses issued by P&DS, owes to the fact that many historic reviews were for partial demolition (but meeting the definition of demolition of buildings older than 50 years in age in 9-16 BRC), a large number were non-residential or accessory buildings, and  number of historic demolition approvals did not progress to application for demolition permits from P&DS.

Is there a proportional fee on what ends up in the landfill? Is there a tracking process to estimate what is being diverted and reused or recycled and how much tonnage ends up in the landfill? I'm curious if anyone on staff has estimated the approximate amount of embodied energy being thrown away and how is it that large beautiful healthy mature trees are allowed to be bulldozed?

Applicants applying for a demolition permit are currently required to submit a Deconstruction Waste Recycling Application<https://www-static.bouldercolorado.gov/docs/Attachment_C-2_Demolition_Waste_Recycling_App_Dec2018-1-201812101714.pdf?_ga=2.87596510.775438940.1553426021-471496171.1502738693> which requires the project to reuse, recycle, or donate 65% of waste generated by the deconstruction. The application process also requires an on-site deconstruction assessment to assist in creating a deconstruction plan for the project that identifies how the project will achieve the 65% diversion requirement. Projects are then required to submit waste tracking information at project completion.

Staff is currently working on updating the code requirement to improve tracking and compliance.  The update aims to increase accountability and apply consequences for negligence in demolition by proposing to institute a refundable deposit that can be withheld for failure to provide the required documentation that verifies materials were properly disposed of at the end of the project. Collecting the demolition waste tracking information at project completion can be challenging.  Requiring a refundable deposit will financially incentivize demolition applicants to provide accurate, reliable waste tracking information so that staff can better verify the policy is achieving our landfill diversion goals.  No one on staff has yet attempted to quantify the embodied energy inherent in the wasted construction debris; however, we are looking at ways to approximate and incorporate this calculation in future building and land use code updates.

Would there be a way to make these demolition permits more available for public comment and review?  I know currently a notice is posted for x days.  Can the public weigh in once those notices are posted and how would they do that?  Could council request that the Landmarks Board change their current procedures so that all demolition permits are reviewed, in public, by the full board instead of the current practice?

Currently for historic preservation program demolitions, the code requires that non-designated demolitions be posted ten days prior to the meeting if they are being reviewed by the Landmarks Board. Non-designated demolitions reviewed by the Ldrc are posted on the weekly agenda and historic preservation website at least 24 hours prior to the meeting, though this is not required by code. Staff reviews of non-designated demolitions are not publicly noticed. Changes to allow for additional public notice of non-designated demolitions of buildings would likely require a code change and implementation would result in a more time consuming/expensive process for applicants, and a significant increase in staff time and resources.

I'm asking these questions as part of our large lot, large house discussion as quite a few perfectly well-tended houses and their trees have all ended up in the landfill and I wonder how that can be given our council goals and community desires to decrease our carbon footprint. If this requested isn't readily available, I'm happy to ask for a nod of five on council so I can be better informed. And these questions can be answered at staff convenience.

I know this is a lot of information to digest. If you think it would be helpful, Marcy Cameron and I would be happy to meet for coffee to go over the demolition process as it relates to older buildings.

In the meantime, please let me know if you have any questions or need more information.

James Hewat
Senior Historic Preservation Planner
[cid:image001.jpg at 01D4CEC4.6C784440]
303.441.3207
1739 Broadway | PO Box 791 | Boulder, CO 80306





From: Morzel, Lisa <MorzelL at bouldercolorado.gov<mailto:MorzelL at bouldercolorado.gov>>
Sent: Sunday, March 17, 2019 11:09 AM
To: Robertson, Jim <RobertsonJ at bouldercolorado.gov<mailto:RobertsonJ at bouldercolorado.gov>>; Mertz, Kara <MertzK at bouldercolorado.gov<mailto:MertzK at bouldercolorado.gov>>; Hewat, James <HewatJ at bouldercolorado.gov<mailto:HewatJ at bouldercolorado.gov>>
Subject: Fwd: Demolition permits

Hi Jim, James, and Kara

Just wondering when council might see answers to my questions posed last December.

Thanks much
Lisa

Lisa Morzel
Member, Boulder City Council
303-815-6723 c
303-938-8520 h


Begin forwarded message:
From: "Morzel, Lisa" <MorzelL at bouldercolorado.gov<mailto:MorzelL at bouldercolorado.gov>>
Date: December 11, 2018 at 12:26:46 PM MST
To: "Robertson, Jim" <RobertsonJ at bouldercolorado.gov<mailto:RobertsonJ at bouldercolorado.gov>>
Cc: "Hewat, James" <HewatJ at bouldercolorado.gov<mailto:HewatJ at bouldercolorado.gov>>, "Ferro, Charles" <FerroC at bouldercolorado.gov<mailto:FerroC at bouldercolorado.gov>>, "Mertz, Kara" <MertzK at bouldercolorado.gov<mailto:MertzK at bouldercolorado.gov>>, "Guiler, Karl" <GuilerK at bouldercolorado.gov<mailto:GuilerK at bouldercolorado.gov>>, "Collins, Andrew" <CollinsA at bouldercolorado.gov<mailto:CollinsA at bouldercolorado.gov>>, "Meschuk, Chris" <MeschukC at bouldercolorado.gov<mailto:MeschukC at bouldercolorado.gov>>
Subject: Re: Demolition permits
Thanks much, Jim,

I appreciate this not to fall in the cracks but want you to know that I know staff is also very busy with other requests. As I said, mine is not an urgent request but one of just wanting information on demolitions as staff is able.

Thank you very much!!

Lisa

Lisa Morzel,
Member of Boulder City Council

303-815-6723

"We interact with one another as individuals responding to a complex haze of factors: professional responsibilities, personal likes and dislikes, ambition, jealousy, self-interest, and, in at least some instances, genuine altruism.  Living in the here and now, we are awash with sensations of the present, memories of the past, and expectations and fears for the future. Our actions are not determined by any one cause; they are the fulfillment of who we are at that particular moment.  After that moment passes, we continue to evolve, to change, and our memories of that moment inevitably change with us as we live with the consequences of our past actions, consequences we were unaware of at the time." The Last Stand, Nathaniel Philbrick


On Dec 11, 2018, at 11:27 AM, "Robertson, Jim" <RobertsonJ at bouldercolorado.gov<mailto:RobertsonJ at bouldercolorado.gov>> wrote:


James and Kara:

I haven't seen any response to Lisa's email below and didn't want it to fall through the cracks.  It looks to me like the two of you are best situated to draft information from an answer:  James for the process associated with demolition permits and Kara for the information about handling of demolition material.  Does that make sense?  Perhaps you could draft content pertinent to those issues and get that to Chris, who can respond to Lisa?

Jim Robertson, AIA
Comprehensive Planning Manager

City of Boulder
Planning Department

O: 303-441-4277
robertsonj at bouldercolorado.gov<mailto:robertsonj at bouldercolorado.gov>

Department of Planning, Housing + Sustainability
1739 Broadway | PO Box 791 | Boulder, CO 80301
Bouldercolorado.gov<http://Bouldercolorado.gov>

-----Original Message-----
From: Morzel, Lisa <MorzelL at bouldercolorado.gov<mailto:MorzelL at bouldercolorado.gov>>
Sent: Monday, December 10, 2018 2:43 PM
To: Hewat, James <HewatJ at bouldercolorado.gov<mailto:HewatJ at bouldercolorado.gov>>; Ferro, Charles <FerroC at bouldercolorado.gov<mailto:FerroC at bouldercolorado.gov>>; Mertz, Kara <MertzK at bouldercolorado.gov<mailto:MertzK at bouldercolorado.gov>>
Cc: Robertson, Jim <RobertsonJ at bouldercolorado.gov<mailto:RobertsonJ at bouldercolorado.gov>>; Guiler, Karl <GuilerK at bouldercolorado.gov<mailto:GuilerK at bouldercolorado.gov>>; Collins, Andrew <CollinsA at bouldercolorado.gov<mailto:CollinsA at bouldercolorado.gov>>; Meschuk, Chris <MeschukC at bouldercolorado.gov<mailto:MeschukC at bouldercolorado.gov>>; Brautigam, Jane <BrautigamJ at bouldercolorado.gov<mailto:BrautigamJ at bouldercolorado.gov>>; Council <council at bouldercolorado.gov<mailto:council at bouldercolorado.gov>>; HOTLINE <HOTLINE at bouldercolorado.gov<mailto:HOTLINE at bouldercolorado.gov>>
Subject: Demolition permits

Hi James, Charles, and Kara,

I would like information on the process of applying for a demolition permit for residential units, who reviews that application, is the application readily available for public review, what are the time lines between when a permit is submitted and when it is reviewed, who reviews the application and what criteria are used, and what is the threshold for when an application receives public scrutiny, if any?

Approximately, how many permits are given each year in Boulder? How much does a permit cost and is there a proportional fee on what ends up in the landfill? Is there a tracking process to estimate what is being diverted and reused or recycled and how much tonnage ends up in the landfill? I'm curious if anyone on staff has estimated the approximate amount of embodied energy being thrown away and how is it that large beautiful healthy mature trees are allowed to be bulldozed?

Would there be a way to make these demolition permits more available for public comment and review?  I know currently a notice is posted for x days.  Can the public weigh in once those notices are posted and how would they do that?  Could council request that the Landmarks Board change their current procedures so that all demolition permits are reviewed, in public, by the full board instead of the current practice?

I'm asking these questions as part of our large lot, large house discussion as quite a few perfectly well-tended houses and their trees have all ended up in the landfill and I wonder how that can be given our council goals and community desires to decrease our carbon footprint. If this requested isn't readily available, I'm happy to ask for a nod of five on council so I can be better informed. And these questions can be answered at staff convenience.

Thanks much

Lisa

Lisa Morzel,
Member of Boulder City Council

303-815-6723

"We interact with one another as individuals responding to a complex haze of factors: professional responsibilities, personal likes and dislikes, ambition, jealousy, self-interest, and, in at least some instances, genuine altruism.  Living in the here and now, we are awash with sensations of the present, memories of the past, and expectations and fears for the future. Our actions are not determined by any one cause; they are the fulfillment of who we are at that particular moment.  After that moment passes, we continue to evolve, to change, and our memories of that moment inevitably change with us as we live with the consequences of our past actions, consequences we were unaware of at the time." The Last Stand, Nathaniel Philbrick

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